Permanent resident (“PR”) status in Canada comes with significant rights and privileges, including the right to live and work in Canada indefinitely and the ability to apply for Canadian citizenship. However, permanent resident status is not absolute. In certain circumstances, it can be lost. Section 46 of the Immigration and Refugee Protection Act (“IRPA”) governs how this occurs.
One way a permanent resident loses their status is by becoming a Canadian citizen. This is a positive and intentional outcome and, for most permanent residents, it is the ultimate goal of the immigration process.
A permanent resident may also lose their status if they formally renounce it and an immigration officer approves that renunciation. This typically occurs when a person no longer wishes to maintain ties to Canada or intends to reside permanently in another country.
Another common scenario arises when a permanent resident is outside Canada and is found not to have met the residency obligation, which is generally being physically present in Canada for at least 730 days within a five-year period. If a determination is made that the residency obligation has not been met, permanent resident status may be revoked.
It is important to note that an expired PR card does not, by itself, mean that permanent resident status has been lost. However, a permanent resident outside Canada with an expired PR card must apply for a Permanent Resident Travel Document (PRTD) at a Canadian visa office abroad in order to return to Canada. If the PRTD application is refused, the individual has a right to appeal the decision to the Immigration Appeal Division (IAD). In some cases, the IAD may allow the individual to return to Canada for the purpose of attending the appeal hearing. Given the complexity of these proceedings, legal representation is strongly recommended.
Permanent resident status can also be lost if a removal order is made against a person while they are in Canada and that removal order becomes enforceable.
Additionally, permanent resident status may be lost in situations involving revocation of refugee protection. For example, if a person was granted refugee status, later became a permanent resident, and the Minister successfully applied to vacate or cease that refugee protection, the individual may also lose their permanent resident status. This loss only takes effect once all legal remedies and appeals have been exhausted and a final determination has been made.
While permanent resident status offers long-term security, it is subject to statutory conditions. Understanding these risks, and acting early when issues arise, is critical to preserving status and protecting one’s future in Canada.
